Ohio Q&A by Practice Area
Ohio Questions & Answers
Q: Can I legally leave my 5 and 8yr old home alone for a short period? (OH)
For 1 1/2 hrs or less? Are there specific guidelines or codes for what is exeptable? They know safety rules and have a phone.
There is no official age that children can be left alone, though it is my experience, depending on the jurisdiction, where the police will have the authority to determine if it rises to the level of child endangering. You may wish to err on the side of caution and not leave an 8-year old with a... Read more »
Q: Can you be charged with disorderly conduct for arguing with someone on your own property and there are no neighbors?
I would honestly have to know more about the facts of the case, with that being said however, the disorderly conduct statute in Ohio is pretty broad, so it could certainly apply in your case, especially if law enforcement were present. If you have been charged with disorderly conduct I would... Read more »
Q: Can a home builder be sued for breech of contract if they don’t follow plans, or finish per contract time frame?
All elements of house build were signed by all parties (builder/homeowner). There was a specific electrical plan for entire house that was signed off. We identified they were not following signed electrical plan. When confronted why they weren’t following they stated “we don’t follow those... Read more »
Yes. Unless the deviation from the signed electrical plan is relatively minor or the result of an extreme increase in the cost. You should be able to require the contractor to follow the signed electrical plan. Regarding the 2 1/2 month delay, you may be able to sue for breach of contract... Read more »
Q: I resigned a year lease in February because I had a roommate move in with me. The Lanlord then sold the property to
A new Company May 1st. I did not find out until May 9th when they stopped by to introduce themselves. They said that they don't accept Pit bull dogs on their properties. So they will give us until July 31st to vacate. But in my lease with the prior Lanlord I am allowed to have my dogs. What are my... Read more »
If the new owner purchased the real property with knowledge that it was leased, then the new owner takes subject to the lease that you signed in February. Of course, the new owner will most likely not renew your lease next February, but for now they can not force you to vacate.
Q: I was granted Chapter 7 in 2010. How do I get released from the mortgage if it keeps being transferred?
I am still paying insurance, water and sewer bills because the property is still in my name.
Depends on whether you are still living in the subject property.
Q: Landlord remodeling after tenants leave early
If a tenant leaves a lease two months early (with two months notice) and the the landlord decides to perform extensive remodeling (not because of damages) for several weeks after they leave is it likely the landlord is making a reasonable effort to find new tenants when the house is not livable... Read more »
Probably not. But it would be up to the court to decide, based on all the evidence properly presented to the court. If it doesn't go to court, then tenant and landlord would have to work it out.
Q: Can a builder lock me out of my 100% custom home which I own the land and hold the insurance policy?
It depends on what your construction contract says about possession of the home. An owner of the real estate would normally be permitted to enter the home. Use the Find a Lawyer tab to retain a local attorney to review your contract and all the facts, and help you work out this dispute with the... Read more »
Q: Can I file for divorce in Ohio then move out of state once baby is born?
I am currently 32 weeks pregnant and want to divorce my husband. Neither of us have family or friend support where we live and I would like to move 5 hours away where I have family and friends out of state in Michigan. I am a high risk pregnancy and know I must remain near my doctors until baby is... Read more »
If you file for divorce in Ohio, it will take a few months, and you will have to return to Ohio for divorce hearings. Use the Find a Lawyer tab to retain a local divorce attorney to review your situation and advise you.
Q: Please see in more info
You didn't answer my question. Does a landlord have to disclose presence of bed bugs or roaches? Of course, this circumstance is known by the landlord for years.
Yes, landlord should disclose. But if landlord doesn't, you can't just walk away from the lease and stop paying the rent. You can either negotiate a termination with the landlord, or start paying your rent into escrow with the local court. Check the court web site for the escrow process to... Read more »
Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?
I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.
Unless you surrender the title the prospective owner will probably sue you.
Q: My husband has sole custody and i have supervised visits which hes refusing for a year now...what can i do?
Were still married. The kids have been living w him for over a year between his moms and his gf...he wont let me talk to or see them. Visits are supposed to be agreed by Both of us and it hasnt happened in over a year. I pay child support. Please help. I miss my kids. And his new girlfriend doesn't... Read more »
If you are still married and there is a Court Order for supervised parenting, file a Motion to Show Cause in the Court. A Motion will notify the Court that you have been denied any contact with your child and the Father will have to appear and explain why. Most Courts have the forms on line,... Read more »
Q: What are the steps for obtaining shared parenting in the state of Ohio?
Shared parenting is the preferred outcome in a divorce. When the parties file for divorce, they can submit a shared parenting plan for the court to review and approve. Check your local domestic relations court web site for the forms. Use the Find a Lawyer tab to retain a local family law... Read more »
Q: My husband has sole custody and i have supervised visits which hes refusing for a year now...what can i do?
Were still married. The kids have been living w him for over a year between his moms and his gf...he wont let me talk to or see them. Visits are supposed to be agreed by Both of us and it hasnt happened in over a year. I pay child support. Please help. I miss my kids. And his new girlfriend doesn't... Read more »
Check your local court web site for the forms to file to ask the court to have him held in contempt. If you review the forms, you can fill those out and file them yourself. Some local courts have legal clinics with volunteers to help those who do not have an attorney.
Q: Must a landlord disclose the presence of bed bugs or roaches before a tenant moves in?
If landlord knows they are there, landlord should treat them before tenant moves in. But landlord might not know. Review the lease to see who is responsible for treatment. Give landlord written notice, and if not treated, check your local court for the rent escrow process.
Q: we had a sale pending 13 day before closing - buyer back out - home inspection done . we didn't get contingency due to
she was put 50% down in cash. We have move most of our stuff into storage units. Because she want immediate occupancy . After she back out , We ask for $500 to pay for the units. ( which she said would not pay ) She had our home tie up for 5 weeks and we had others wanting to look at your... Read more »
If there was no contingency or other basis for her to back out, then she is in breach of the contract and you can sue her for the monetary damages that you have incurred. Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise you of all your... Read more »
Q: what do I need to do to get guardianship of my adult daughter with mental issues
she had a mental break about 3 years ago and wont get help. she also has children
Check your local probate court web site to learn about the guardianship process. You will need to submit a medical evaluation to support your petition for guardianship, and the court will hold a hearing at which your daughter can oppose the guardianship. Use the Find a Lawyer tab to retain a... Read more »
Q: 2 weeks ago I payed $1500.00 to get my brakes done. Saturday my brakes failed and I almost wrecked. Do I have a case?
Anybody can sue by paying the court filing fee. But there are no monetary damages for an "almost wreck." If you can get another mechanic to testify that the work had been done improperly, you might be able to collect the $1500 in small claims court.
Q: Can I claim a trademark that contains a word that is ALREADY trademarked? Doctor Tasty's Mega Bites vs "Megabites"
I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.
When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.
Is it likely our mark would be rejected because it... Read more »
It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.
https://calendly.com/ahajiamospllc/15min
Q: 2 of us put an offer on same house. Seller now wants a bidding war while not rejecting either offer after 2 days.
We put in an offer on a house for sale on the same day someone else did. It's been 2 days and now the seller says we need to offer more money. Is it legal for them to turn this into what is essentially an auction where we can't see what the other person is offering or if they're even outbidding us... Read more »
Yes, seller can do that when there are multiple competing offers. Seller is under no obligation to disclose what others have offered.
Q: Are the executors allowed to come in and change the locks of the house? There are established residents living there.
There are three established residents living there, my grandma just passed away two weeks ago. My aunt and uncle said they will be coming in and changing the locks at the end of the month. They have given no eviction notice. My dad and other uncle have lived in the house for almost 30 years or more.
The executors cannot lock them out of the premises legally without following a proper eviction process. It would be a wrongful eviction for them to change the locks without an eviction. But the executors can take charge of the property, require occupants to sign a lease, charge rent and... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
